Montgomery County sentinel., 1887-12-16
Attention, Taxpayers.

Acting upon the maxim that it is wise to
| advocate economy when, thereby, the eff
cheney of the public service is not impaired
and feeling that it is duty owe to the
people to give them the benefit of the con-
clusions l have reached by an every days
experience and observation in regard to a
matter that concerns their pecuniary inter-
ests, | have determined to write this article.
Under the Act of 1880, chapter 1926, the
several Justices of the Peace of this county
have jurisdiction concurrent with that ex-
ercised by the Circuit Court in all cases of
assaults without any felonous intent, in all
cases of assault and battery, id all cases
of petit larceny, and m all nSsden,eG7s0rs
not punishable 6y confinement IN the peniten-
tiary;'" !" and also, "in all prosecutions or pro-
ceedings for the recovery of any penalty for
doing or emitting to do any act, the doing
of which or the omission TO do, is punish
able under the laws Of this State, by any pc
cuniary fine or penalty, or by Imprisonment
in Jail or the Maryland House of Correc-
ton" With full powers to issue all process
and do all necessary acts and to try, deter
mine and pronounce judgment and SEN
tence therein in the same manner and to
the same extent as the Circuit Court, re-
serving, however, the right TO the State
through its attorney and TO the accused to
hdNC u Jul tlioi az buC HCAb VI SOuib
if either so desire.
The Act of 1880, chapter 324, section 4, pro-
vides "tbat any persons, corporation, COM
pany or association who shall directly or in
directly sell, barter or trade any kind of in
toxicating liquors in this county, upon a
conviction in a Court Of Justice shall, at the
discretion Of the Court, pay a fine of not
more than three hundred dollars nor less
than fifty dollars" This Act has been con-
strued that "Court OF Justice is the Circuit
Court and consequently the violation Of the
Local Option" or Prohibition Law has been
enforced, although only y misdemeanor,
through the slow and expensive channels
of this Court | submit that this section Of
chapter 324 of the Acts of 1880 should be
repealed by the next General Assembly and
so amended as to include this misdemeanor
with the other misdemeanors over which,
as has been shown above, the Justices Of
the Peace have jurisdiction and not retain
ii as an exception in our statutes.
In this way the enormous expense attend
ing two weeks session Of Grand Jury,
composed of twenty-three jurors receiving
a per diem OF $50, could certainly be saved
and besides the disgusting sight of hordes
of witnesses, at 81 per diem, fiocking around
the corridors of the Court House awaiting
their turn To tell their little story to the
Grand Inquest wo I'D be prevented. Mere
over the expense Of summOning so many wit.
nesses, many of whom know or tell abso-
lutelY nothing and of the incarceration Of
some poor fellow for months in the county
Jail to await the assembling of the Grand
Jury, would be avoided.
The trial before Justice of the Peace
would be speedy aud the facts of a trans
gresson of the law would be fresh in the
minds of all, and in plain cases OF guilt or
innocence the case would undoubtedly end
therein cases involving doubtful questions
OF law or facts an appeal could be taken to
the Court, as above shown, and the State or
the traverser could have the benefit Of Court
and jury. Can any one maintain that such
Il simple question OF sale or no sale ol in.
toxcating nquols could not be fully under.
stood and fairly determined by our average
Justice of the Peace If so, then it is high
time that such "A one should urge the re-
peal of the Act OF 1880, chapter 1896, giving
Justices arzihe Peace jurisdiction ever all
other caseSUf msdemeanors, and empower.
ing them not only to impose fines, hut even
10 commit u criminal to Jail or the House of
Correction Ii our Justices of the Peace are
mentally or morally incompetent to enforce
such u law then in the name of common
sense why should they not be substituted
by some who Could.
This Local Option" law comes under the
class Of legislation known as "Police Regu.
lations' and is in no sense of any more inn
portance to the public than the prevention
of petit larceny, fighting and other of the
lesser violations OF law, the enforcement of
all which is entrusted TO Justices of the
Peace. BY the amendment of section A. as
above claimed, each community would be,
as they should, the custodians and execu-
tors of their own affairs and charged with
the peace government and dignity ol their
own respective localities. Then our prohi-
bition law would have some Just claim TO
the tltlc Of Local Option
1t seems TO me something very ridiculous
To have three Judges Of the Circuit Court,
earned in the law, and twelve jurors, drawn
from the sturdy yeemanry of old Mont
gomery, sit for hours and days, listening to
the trial of fellow charged with selling
intoxicating liquors, to-wit, whskey, wine,
ale, gin, beer and hard cider" and, AS is
most frequently the case, being compelled To
listen 10 the learned dsputatlons Of "soIks"
as to how mucn ~ the cider in question
cnud be gulped down and now much the
s:unach wuuld h ave to contain before said
cider would make Il man feel good" or is
"man cider" If, hbwevcr, some fellow will
I
"leel good, or that was, in his opinion,
"man cider" or that in his erudte opinion IL
man could "leel good" if he drank enough OF
that cider, although others drank it but
| didn't feel good, the jury will retire up the
old winding stairway and there for hours
| will contend, some Tor conviction, others for
acquittal, and If they fail ITO hang" Will
come down into Court and finish the per-
lUrmance by declaring that they have all
| heard their tOremau's verdict and so they
| all say, when the county generally has the
| costs to pay and very frequently TO board a
man for go days. Such trials, OF course, in-
volve heavy fees for States Attorney and
quite frequently for the prisoners counsel
all 10 be paid by the taxpayers
1t has, as is well known, become quite the
practice Ol those who are enrlching them
selves by the sale oi liquor and living in
open defiance of law to treat their patrons
tO sundry excursi )ns during the sessions Of
Grand Jurles. And others OF "the boys"
whs will stake sugar in thern," fearing a
failure of resources II they become tattlers
make themselves awlullY scarce during
| Court And thus II is that we find the
sheriff riding in hot haste, in person and by
deputies al, over our valleys ami hill tops
in search of those who might know some.
thing that might catch some fellow who has
made lew dimes by the sale OF Jenzeen on
the sly and against the peace, government
and dignity OF the State
In conclusion permit me TO say that | am
in favor Of the proper enforcement OF this
law, but am OF the opinion that the m0dus
Operandf now in vogue will bring it ere long
into contempt, Us IL has already practically
mpeded the wheels OF justice.
Fellow citizens, stand by your laws, en-.
force them, but let their enforcement be
plain, simple aud certain, aud let the cor.
recting rod fall judiciously and not fooIishly
and revengefully.
A CITIZEN.